In a letter dated on August 6, 2010, the Texas Attorney General's Office notified the El Paso County Attorney's Office that they will refrain from answering any questions or issuing an opinion, and in fact are closing the file on this request. The reason provided for this action is that issues included in the opinion request are the subject of pending litigation recently filed in the 245th District Court of Wharton County, In the Estate of Thomas Trevino Araguz III, Deceased, Cause No. 44575. The letter further states that, once that litigation is concluded, the El Paso County Attorney could submit another request if these questions remain unresolved.

Abbott can’t have it both ways. He would either have had to rule that straight trans people are allowed to get married, or that gay trans people are. When forced to choose between his transphobia and his homophobia it would seem that his head exploded and he, for once, decided not to have an opinion.